COPIES OF INVENTORIES.

Act 140, 1888, p. 197.

AN ACT relative to inventories of successions in the parish of Orleans.

SECTION 1. That duly certified copies of original inventories of a succession taken in the parish of Orleans may be returned into the court having jurisdiction of the settlement of the succession, and when returned may be admitted as proof in courts of justice.

SEC. 2. That all laws or parts of laws contrary or inconsistent with the provisions of this act be and the same are hereby repealed.

FEES OF EXPERTS AND APPRAISERS.

Act 33, 1870, p. 66.

AN ACT relative to fees of experts and appraisers in taking inventories of

successions.

SECTION 1. That the fees allowed to experts and appraisers appointed by the court of probate jurisdiction to assist in taking inventories of succession are hereby fixed at, and shall not exceed in any case, the sum of four dollars for each expert or appraiser for each vacation held in taking said inventory.

SEC. 2. That all laws or parts of laws contrary to the letter or spirit of this law, be and the same are hereby repealed.

See Act 11, 1884. Failure of administrator, etc., to file account when ordered declared a misdemeanor, printed under title " Tutor."

66

See Act 15, 1882. Orders relative to successions which district judges may make in chambers, printed at p. 489.

See titles "Administrator," "Executor,'

99 66

Minor," "Women." Tutor."

66

SURETY.

3720 to 3722. When sureties residing out of parish may be received. Judge to pass on sufficiency. Jurisdiction of suits on such bonds. See R. C. C., Art. 3042.

3723. Subrogation of Surety on Twelve Months' Bond.Whenever a person bound as security upon a twelve months' bond, has paid the same, he shall be subrogated to all the rights which the original creditor had at the time such bond was given, or at the time the bond is paid by such security; Provided, however, That this section shall only apply where the property has been adjudicated to the defendant in the judgment, and he is the principal upon such twelve months' bond.

R. C. C., Art. 1261.

3724. Suits against sureties on bonds of appeal, tutor, etc., shall not be instituted until the necessary steps have been taken against principal. See R. C. C., Art. 3066.

3725, 3726. Execution on official bonds. Property of surety shall not be proceeded against, until that of principal is discussed. Sureties may stipulate amount of liability. See Secs. 354, 355.

3727 to 3729. Cancellation of official bond. Notice to be given. Proceedings when opposition is made. See Secs. 359 to 361.

3730. Amending Art. 227, C. P., so as to make term for excepting to surety twenty, instead of ten days, etc., now incorporated in C. P... Art. 227.

3731. Liability of surety to be tried summarily and without intervention of jury, unless surety deny signature. See C.P., Art. 235. 3732. Defendant may bond attachment. Sequestration. Provisional seizure. Return of bond into court-objection to sufficiency, etc. See C. P., Art. 259.

See note to Sec. 3553, which is like Sec. 3732.

3733. Clerk and sheriff may demand costs every six months. See Sec. 753.

3734. Appearance of accused not to exonerate surety, who can be released only by surrender of accused. See Sec. 1033.

3735. On trial of injunctions. Judgments may be rendered against principal and surety, etc. See Secs. 1754, 1755.

3736. Liability of surety on appeal bond. See Sec. 1908. 3737. How sureties on bond of administrator may be released. See R. C. C., Art. 3069.

3738. Principal shall first file new bond, etc. See R. C. C. 3070. 3739. Widows and unmarried women may bind themselves as sureties. See Sec. 3084.

RELIEF ON SURETIES OF OFFICIAL BONDS.

Act 46, 1880, p. 46.

AN ACT for the relief of securities on official bonds in all cases where good and sufficient cause is shown, and authorizing courts to require new bonds.

SECTION 1. That whenever a surety or sureties on any official bond, either State or parochial, shall have good cause to fear that the officer upon whose bond he or they may be sureties will render them liable upon said bond by reason of his misfeasance, malfeasance or neglect of official duties, it shall be and is hereby declared the privilege of said surety or sureties, by rule upon said officer, to cause him to appear before any court of competent jurisdiction to show cause why said surety or sureties should not be released from further liability upon said bond. Said officer shall be allowed ten days after service of said rule within which to answer the same, and upon the trial of said rule, if the court should be satisfied that the apprehensions of the said surety or sureties are well founded, then and in that event a decree shall be entered up requiring said officer to execute, within a time to be fixed by the court, which time shall not be less than ten nor more than twenty days after final judgment, a new bond to be made and executed according to existing laws, and further decreeing the release from all liability of said surety or sureties upon said bond from and after the expiration of the time allowed to give a new bond.

SEC. 2. That in case the said officer fails or refuses to give a new bond, with

good and sufficient security, within the time prescribed by the court, he shall be ipso facto deprived of said office.

SEC. 3. That all suits brought by any surety or sureties, under this act, shall be preference cases and tried summarily and without the intervention of a jury.

See Act 136, 1880. Defendants may demand surety for costs (Sec. 4), printed at p. 174.

See Act. 41, 1894. Guaranty companies may be surety, etc., printed at p. 467. See titles "Sheriff," "Appeal," "Attachment," "Bonds," " Sequestration."

SURVEYOR.

3740. Appointment, Bond, etc. There shall be a surveyor nominated, and by and with the advice and consent of the Senate, commissioned by the Governor, for each parish of the State, who shall reside in the parish of his appointment. The one appointed for the parish of Orleans shall be ex officio Surveyor General of the State. Before they enter on the duties of their office, they shall take the constitutional oath well and truly to execute and perform the duties of their office; and, moreover, shall give bond, with good and sufficient security, to be approved according to law; the Surveyor General in the sum of six thousand dollars, and the other surveyors in the sum of two thousand dollars, payable to the Governor and his successors in office, and conditioned for the due performance of the duties of their office (Act 328, 1855, 456).

PARISH SURVEYOR-DEPUTY.

Act 146, 1874, p. 262.

AN ACT to allow each parish surveyor to employ a deputy surveyor.

SECTION 1. That each parish surveyor may employ a deputy surveyor, who shall be empowered to do all acts which the parish surveyor is empowered to perform, and be liable to the same penalties as the parish surveyor.

SEC. 2 That all acts and parts of acts which are contrary to the provisions of this act are hereby repealed, and that this act shall take effect from and after its passage.

3741. Qualification of Surveyor General.-Besides the scientific knowledge requisite for the profession, the Surveyor General shall possess a thorough knowledge of the English, French, and Spanish languages; he shall keep his office in New Orleans in a fireproof house (Act 328, 1855, 456).

3742. His Salary-The Surveyor General shall receive an annual salary of six hundred dollars. He may appoint one or more deputies at his own expense and responsibility.

3743. Duties of Parish Surveyor.-It shall be the duty of the said surveyors faithfully to execute all orders of survey directed to them by any of the courts of this State, and to make all surveys of land lying in their respective parishes, and to which the United States have no claim, at the request of the owners or proprietors thereof, and generally to do whatever in surveying, measuring and dividing of lands may be required of them by any person, wishing the same done; and in all their measurements they shall be governed by the English perch or pole; Provided, however, That in the plans and certificates of survey which they shall make out, they shall be bound to add to every designation of an English measure the relation it bears with the measure formerly used in this State.

3744. Fees, by Whom Paid, etc.-The fees chargeable by the surveyors shall be paid by the party desiring their services; and where the services shall be rendered in obedience to order of a court in a suit therein depending, the surveyor shall make and state an account of his fees for service, written in words at the full length on the back of one of the plats returned by him to the court, and the same shall be allowed in the bill of costs to be taxed against the losing party as other costs; but where it shall appear that the survey, or any part thereof, was made at the instance of the party cast in the suit, so much of the said fees as accrue on the work done by the surveyor for such party shall not be taxed.

MAY DO WORK OUTSIDE PARISH.

Act 108, 1890, p. 143.

AN ACT to authorize and empower parish surveyors to perform work in parishes outside of their territorial limits.

SECTION 1. That any of the parish surveyors of the State, the parish of Orleans, excepted, are hereby authorized and empowered to do any work pertaining to their office in any of the parishes of the State whether they reside in the parish where such work is done or not.

SEC. 2. That where any surveying or work pertaining to the office of parish surveyor is done by any parish surveyor outside of the parish where such surveyor resides or holds his office such work shall be as legal and binding as if done by the surveyor residing and holding his office in such parish.

3745. Resurveys, When and How Made.-It shall be their duty, whenever called on for that purpose, to resurvey and remark and bound any tract of land in their respective parishes, where the old marks are defaced or are likely to decay or perish, or where, by any cause, they are destroyed; taking special care in all such cases to be governed by the original surveys, patents or title deeds of such tracts; and they shall make a plain report and certificate of all such remarks and boundaries by them made as aforesaid; of which report and certificate they shall deliver a certified copy to the owner, if he requires it (Act 328, 1855, 456).

3746. Fees of Chain Carriers etc.-The chain carriers and markers shall be allowed each a dollar per day for their services as such, to be paid in the same manner as is provided for surveyors.

3747. May Administer Oaths to Assistants. Each surveyor is authorized and required to administer an oath to each of his chain carriers faithfully and diligently to perform his duties as chain carrier, without favor, affection or partiality; and it shall be the duty of each of the surveyors to write the name of each of his chain carriers down on the plat made of a tract of land for which they carried the chain in the surveying thereof.

3748. Resurveys, Notice to Landowners.-It shall be their duty, whenever called on, to make a resurvey, as provided by the preceding sections, to notify the adjoining landholders of the day on which he shall commence the said survey, that they may attend, or cause somebody else to attend in their behalf, if they think proper. He shall note the same on the plat, by putting down the names of the persons notified and the number of days' notice he gave each of them.

3749. Records, Reports, Copies as Evidence.-It shall be their duty to record, by order of dates, in a book kept for that purpose, all the plats and reports of surveys made by them; and the Surveyor General, besides the private register for the parish of Orleans, shall keep a general register, in which he shall record the plats and reports of the operations made by the parish surveyors, who shall be bound to forward him, every three months, certified copies of their operations in their respective parishes; and all certified copies of the plats and reports of surveys thus recorded, as well as of the titles and papers which are to be delivered to the Surveyor General by the said surveyors, under their hand and the seal which they are hereby authorized to adopt, shall be entitled to full credit in all the courts of the State.

3750. Fees. They shall be entitled to demand and receive for their respective services the following fees, to wit:

For mileage in going and returning from any place where a survey is to be made, ten cents (10).

For measuring the front of any tract of land, on any bayou or river, for every arpent of running measure, ten cents (10).

For measuring depth line where the line touches cypress swamps, and for measuring back lines, for every arpent, ten cents (10). For running straight line, for every mile, two dollars ($2). For meandering a watercourse, for every arpent, ten cents (10). For every plat of a tract of land, including the record, two dollars and fifty cents ($2 50).